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HomeMy WebLinkAboutMinutes c.: MINUrESjt;1 REGULAR CITY COUNCIL MEETING THURSDAY, MARCH 25, 1982 , 7:00 P.M. COUNCIL MEMBERS PRESr:trr: Mayor Halter, Councilmen Ringer, Boughton, Dozier, Prause, Jones, Runnels, Student Government Liaison Herring COUNCIL MEMBERS ABSENT: None STAFF PRESENT: City Manager Bardell, Asst. Director of Planning Callaway, Asst. City Manager/Finance Director VanDever,' Purchasing Agent Weddle, City ,Secretary Jones, Deputy City Secretary/Council Coordinator Martin ,Asst. Director of Parks and Recreation Czimskey ,Parks' Planner Mendez, Deputy "'Finance Director/Tax Assessor-Collector Schroeder, City Planner Mayo, Community Development Director Stephens, Parks and Recreation Director Beachy, Parks Maintenance Supervisor Whatley,- Asst. Ci ty Engineer Smith VISITORS PRESENT: See guest register. Agenda Item No.1 - Signing of proclamation"for'League of WOmen 'Voters" designating April 5 through April 9, 1982" as 'League 'of "Women "Voters of 'Brazos" County Week. Mayor Halter signed the proclamation and "presented it to Angela Smith. (, Agenda Item No. 2 - Council.Concerns. Councilman Boughton thanked the Sanitation Department on their quick :response to a pre- vious request for trash pickup, and"corrmende~them for their hard work throughout' the city. Councilman Prause asked if 'the staff,planned to have the "drainage ways cleaned out this .- spring to remove new undergrowth. - f; i,f:; .- City Manager Bardell replied that the"city;will bere-cleaningthe drainage ways soon. ~l )Councilman Ringer rewrted that the Mori'ling Lions Club, 'theV.F.W~ ,and the Disabled ,AmEmicar Veterans haddonated-_2flag 'poles: and 2~J.~s')whichareJ)osted at the Police Station. :/i " ~. ; -' ,; ; -;",:'.i ' ,'" ,"1 Agenda Item No. 3 -Approval' of "the ,minutes'of" the : Workshop City' Council-Meeting~ March 10, 1982, and the Regular City Council' Meeting, '" March · 11, ' 1982. Councilman Boughton stated that a synopis of Brothers Pond Park presentation 'was left out in the Workshop minutes of March 10, 1982. ...---- Counci~ Ringer moved to approve the minutes with the correction. Counci~ Prause seconded the motion which passed unanimously. Agenda Item No. · 4 -A public' hearing' on : the, question: of ' reZOning' Lot' 1,' and" part' of 'lDt 2, Block 7, of the WestParkAddition'from:Single-F~ily:Residential,District'R-l to Single Family Residential District R-IA. The application is in the name of'Jack E. 'and Jonathon R. De Muynck. (' Asst. Director of Planning Callaway presented the item. He" stated that the tract includes (, (, ~M[NUTES REGULAR CITY COUNCIL ~v.1EErING THURSDAY, MARCH 25, 1982 7:00 P.M. PAGE 2 lot 1 and part of'..lot2, block 7 "West Park Addition. The area of the tract is approxi- mately 11,960 square feet. Although, the lot area meets the requirements for two single family residences,the lot d~ensions do not meet the R-l requirements for a second dwelling un-it'~ The p&Z corrmission"recorrmended approval of the request. Mayor Halter opened' 'the public hearing. , Jack E. Muynck presented himself"tot:q~cS)un~!l,~d. stated that he would answer any que'stions. - . ' Mayor Halter closed the" public." hearing. 'Agenda Item No. 5-~'COnsideration of'ai1 ordinance rezoning the above tract.' Councilman""Dozi'er moved to pass Ordinance Ijo. 1351 rezoning the above lot. Councilman Boughton seconded the motion which passed unanimously. 'Agenda' Item' No ~", ' 6 " ~ ' A . public ",' hearing' on "the question of rezoning a 3.34 acre tract located on" the" west' side" of" Welsh' at the - intersection' of,' Welsh and Nueces fran Neighborhood Business'District'C~N'to'Planned'Corm1ercial'District'C~3.' 'The application is in the name of-' Jerry' Bishop' and' Associates. Asst. Director of Planning Callaway presented the item to the council. The 3.34 acre trac,t is located on the west side of~Welsh Street at" the intersection of Welsh and Nueces. Adjacent properties are zoned-, C-l and R-l. The comprehensive plan reflects coomercial and low density" ,residential .usesin ,this area. ; Mayor,Halter" ,opened ,tR~,vublic '" hearing. ..... ; .;,. .! : ".~.~;>~): ,I 'i. ",.;rh:~.,; '~ r' Jerry Bishop, applicant, stated that he is proposing to use the area as a .office complex and warehouse. He pre$ented" a proposecl sit,e plan for the proj ect to the, ,council. Agenda' Iteril""No~' 7' ~'COnsideration 'of' an 'ordinance' rezoning' the - abave' tract. , , '::-) j.'y , " '1,,:<"':1 " Councilman; Doziernnved" to, pass Ordinance No. "'1352 rezoning the above lot. Councilman Boughton secondedtherrotion which~" passed unanimously. Agenda Iterh'N6~"'. 8'~' A: public -:hearing: on : 'the : Question - of, amen diIi g , Zoning' Ordinance No. 850, revising ,.District - R-3 ' Towilh6rhe/ROwhouse 'regulations, , revising' DiStrict' C-2Permi tted Uses, revising'off'street'parking requirements'for'veterinaI-y clinics, 'and"revising lot widths for duplex construction. Asst. Director of Planning Callaway presented the i tern to the council. He discussed the_ proposed ~endments to Ordinance 850 and stated that the P&Z Comrnassion recommended approval of same. ( ( c MINUTES REGULAR CITY COUNCIL MEETING THURSDAY, MARCH 25, 1982 7:00 P.M. PAGE 3 Ron Cruse asked stmilarquestions regarding current R-3 zones. City Planner Mayo ~tated that this action would not affect the existing R-3zones which fall under the old ordinance. After the amended ordinance becomes effective, duplexes will not ,be built in new R-3 zoning except under a.conditional use pennit. City Attorney Denton explained properties rezoned after the effective date of the amended ordinance will be subject to the new R-3 zone regulations. Mayor Halter. closed. the public hearing. Agenda Item No.9 - Consideration of an ordinance amending Zoning Ordinance No. 850, revisingDistri~tR-3 Townhame/Rowhouse regulations, revising District C-2 Pennitted Uses, revising of-f street parking requirements for. veterinary clinics, and revising lot widths for duplex construction. ~fu.yor Halter asked why the parking requirement ,for veterinary clinics was reduced. City Planner Mayo explained that fewer parking spaces are usUally needed at veterinary clinics. Councilman Runnels asked. if reduc'ing the requirements to 60' lot width .for duplexes would encourage parking in the rear. City Planner Mayo replied that he has met with developers regarding this matter and they felt this change would encourage rear parking. ,!'.....- Councilman Runnels moved to pass Ord~n~ce. No. 1353 amending Ordinance No. 850. Councilman Ringer seconded .the motion which passed unailiIrously. Councilman Dozier suggested that the property '9nthe north side of J{renek Tap Road which' was rezoned R-3 previously, be placed 2~ the earliest appropriate agenda to rezone it to the current R-3. ^- Agenda Item No. 10 - EMERGENCY' SUPPLEMENTAI/ AMENDMENT: A public hearing on. the, proposed use of Revenue'. Sharing. Asst. City Manager/Finance Director VanDever stated that the reason for the emergency is to conform with the published date of hearing. Mayor Halter opened the public hearing. Bill Fitch asked for what purPose Revenue- Sharing money ,is'used. Mayor Halter stated that it is usuallyus'edfor Capital expenditures. '<A proposal will be made to the council at a later date as .to how the money will be used..for the upcoming year, and a public hearing will be held on the proposed use. 03468 (..... (\ MllwrES REGULAR CITY COUNCIL MEETING THURSDAY, MARCH 25, 1982 7:00, P.M. C" PAGE 4 J.W. Wood suggested that same funding be committed to begin a tree fanm in the city to encourage tree plapting in College Station. ,"~ ' .. ' .' City Manager 'Bardell stated 'that a previous tree projectc..vlas Started 'a few' years. ~o. He will investigatere-activating this project. A1ayor Halter closed the public hearing. Agenda Item No. 11 - Discussion of right,-of..:..wayaequisition' for Highway 6 South Improve- ments. City Manager Bardell'stated that a request was made by Dr. Kleerekoper for a decision to be made on the R.O.W. for the extension, of Rock Prairie Road. - , City Planner Mayo stated that Dr. Kleerek6per is interested in knowing what the proposed plans are so that he can determine what to do with his property. The majority of his property falls within the area projected as proposed R.O.W. CounCilman Ringer asked what the options were. - City Planner_Mayo replied by saying that the council needed to decide whether or not to negotiate for purchasing the land. Thestaff.';s recammendationwas to pursue the purchase. Gerald ,Ferrer, representing Dr. Kleerekoper,noted that the O'WIler had the property illlder contract to build a IIDtel when they were given, notice of the public hearing by the Highway department. He was, not aware of- how wuch right-of-way will be needed and requested the council _and highway department to resolve the issue so that he can continue \vith his previous negotiations. ' ~ City Manager Bardell suggested contacti.ngthe- Highway Department -_and proceeding with a resolution to solve theright-of-wayaequisition issue. Councilman Ringer moved -to authorize t~staff negotiations to purchase the- right-of-way., CounciIrilari RiiIlriels'seconded' the motion whi'chpassed unaniIrously., contact the Highway Department and begin Agenda Itern'No. 12''':'''Consideration'of'preliminary'plat''':'''Ponderosa'Place'Section II. City ~lannerMayo presented the plat to the council. . The P&Z Cammdssion recommended approval with the condition that a right-of-way reserve be added for Highway 6. ~~yor Halter asked to hear comments from the public. Counci~ Ringer IIDved to approve the plat withP&Z Commission recommendations. Councilman Boughton seconded the rootion which passed unaniIrously. 03469 ( ( c' MINUI'ES REGULAR CITY COUNCIL MEETING THURSDAY, MARCH 25,1982 7:00 P.M. PAGE 5 Agenda Item No. 13 - CONSENT AGENDA: BIDS: Consideration of bids for One (1) 60 Horsepower Farm Tractor PLATS: A prel~nary plat - Windwood Phase 3. A prel~nary plat - Replat of Lot 35R - Block 16 Southwood Valley Section 3. A prel~nary plat - Southwest Crossing Phase 2. A final plat - First replat of BlockS, University Park II. A final plat - Correcting Blocks N&P, University Park II. A final plat - University Park. Phase 2, Blocks T,U, and V. A final ,plat - Emerald Forest Phase 6. The bids and plats were approved by cOOlIDn consent with staff recorrmendations. Agenda Item No. 14- Consideration ofResolution'No~ 03-25-82~14accepting setback ,,- agreement and covenant'in'satisfaction,of'conditional'Z6ning of'a'7.086 acre tract located at. the intersection of' Texas' Avenue' and' the' East '. Bypass' approximately 150' feet south of Mile Drive. Ci ty Attorney Denton presented the Resolution to the council. He stated that the Resolution allows for Ordinance No. 1142 to.becane effective since the 25 foot setback as a buffer has been met, and the rezoning of the tract is' now complete. Councilman Runnels moved to approve Resolution ,No. 03-25-82-14 with the stipulation that the Mayor sign the resolution after the agreement 'is signed. Councilman Boughton seconded the motion which passed unaninnusly., Agenda Item No. 15-Consideration';'of an' ordinance' abandoning , a' ut'ili ty' easement Phase I , Block'4, 'Lot'3 Emerald.Forest.. ,A~-- Asst. Ci tyEngineer Smith presented the i tern . to . the council. He showed the.council the I location of the utility ,easement in Emerald Forest. Councilman Ringer moved to approve Ordinance No. 1354 abandoning the described utility easement in Emerald Forest. Councilman Runnels seconded the motion which passed unaninnusly. Agenda Item No~,16 - Consideration.. of' Resolution' No. 03~2~82~16' authorizing application for grant. to 'implement' a 'crime' prevention. program. Ci ty Manager Bardell presented the Resolution. He stated that this i tern and the next i tern involves a Resolution authorizing the city staff to apply for a grant for each of the programs. Councilman Ringer moved. approval of Resolution No. 03-25-82-,16. 03~fJ ~. Councilman Boughton seconded the motion which passed unaninnusly., MINUrES 'REGULAR CITY COUNCIL MEETING ~AY, '~qI 25, 1982 .\,~: OO'! P~"M. :\L/\,H!~J:t PAGE 6 ( Agenda Item No. 17 -Consideration of Resolution No. 03~25-82-17 authorizing application for grant support augmentation of. juvenile' unit. Councilman Ringer, moved approval of Resolution No. 03-25-82-17. CouncitmanBoughton seconded the motion which passed unanimously. Agenda Item No. .18 - Consideration' of' a:..permit' to locate an exploratory well in the University Park Subdivision area' inside' COllege' Stat'ion city'liIilits. Ci ty Attorney Denton presented and explained the item. He noted that Chris Mathewson has been asked to study the area and make a recoomendation to the council at a later date. He stated that Wood Energy is requesting the permit to locate an exploratory well inside thE city limits. Agenda Item No. 19 - Discussion of the'extension'of Hol1ertlan'Drive. City Manager Bardell presented the item to the council. He stated that this involves the extension of Holleman across the tracks on the west side. He noted that the city has contacted Southern Pacific RaiJ..road to"discuss the opening of the crossing for theextensior Edsel' Jones has requested that this 'item be.put on the. agenda. Mr. Tan Giesenschlag, representing Doubletree:Joint Venture, stated that they received a building permit on February 4, 1982 with the st.ipulation that no Certificate of09cupancy would be issued until the Holleman Street extension is completed. He asked the council where the project now stands. . CityM~agerBardell replied that tl;1ecityhas made a formal request to 'Southern Pacific Railroad to expedite this - project. Southern Pacific responded that they would like to have Luther Street crossing closed before this extension is opened due to the rules of , the railroad. - - Jones asked ,"Why the stipulation wasrnade about the Certificate of Occupancy. ~ .'.,...'....,.. .. ,'"., City Planner Mayo stated that. the fi:rst phasehofthe project has 72, units with ~nadequate access. He pointed out'that- the Doubletree Joint. Venturereque'sted an i tern on the next agenda for theP&Z' Conmission to review, the site plan and to, consider altering or deleting the stipulation. He noted that this question could be resolved at the P&ZCammrrssion meeting'next week. City, Manager Bardell stated that the University has asked Southern Pacific:Ra,ilroad to rerrovetheir team tracks from theUni verst ty IS property. To overCaDe the complications involved in this .situation, the railroad needs to have the..Luther Street crossing closed before the Holleman crossing can be constructed. ,Mr. Tony Caporina,a local developer, stated that he believed Luther Street should be closed because it was hazardous. (, After further discussion, Mayor Halter offered to assist the staff in determining if any additional steps were available to expedite the matter. 03471 MINUTES REGULAR CITY COUNCIL MEETING THURSDAY, MARCH 25, 1982 7:00 P.M. PAGE 7 ( Agenda Item No. 20 - Discussion of pavillion at Oaks Park. Parks and Recreation Director Beachy presented the item to the council. He pointed out that the poles at, Oaks Park pavillion are being eaten by wood ants. The pavillion has been condemned and fenced off. He showed slides of the pavillion and informed the council that the pavillion would, have to betaken down. Staff members met with the contractor of the project and reviewed the plans., They concluded that the cause was due to non-treated wood being specified in the plans. He stated that the contractor estimated rerroval of the structure,would cost approximately $5,100.00. Another contracting firm stated that they could rerrove the pavillion at less than $2,000.-00. J.W. Wood, arcl}itect of the project, stated that he was not aware of the specifications for untreated wood. He stated that he would like to look at the pavillion and re-build it . He expressed his willingness to pay for the construction of a new pavillion. Mayor Halter stated that he would meet with Mr. Wood and the city staff at the pavillion site to inspect the drumages. Agenda Item No. 21 - Hear visitors. ( No one spoke. Agenda Item No. 22 - Closed session to discuss land acquisition [6252-17(f)]. The council moved to closed session. Agenda Item No. No. 23 -Consideration of.action'on'contraetto'purchase lot on Foster'St. Councilman Prause moved to approve ResolutlonNo. 03-25-82-23 authorizing the city staff to enter into a contract to purchase a lot on Foster St. for $46,250.00 for future expansion of city hall. The money will caDefran the recently. sold General Obligation bonds. ,h.~ Mayor Halter adjourned the meeting. " I \~ \) I, (I ~) '\ \ . ) )1'1 )) )' ~ ..j) I I \..'" } ) ", APPROVED : ATTEST: ( 03472 ( ( 8. 10. 11. 12. 13. 14. 15. (i 16. 17. GUEST REGI STER REGULAR CITY COUNCIL MEETING THURSDAY, MARCH 25, 1982 7:00 P.M. PLEASE SIGN BElDW: 1 J~ tK Mv'''',..r~ . 2. 3. 4. 5. (i)-erdk( 'hrrcY 6. c:t . 7. 9. 18. 19. 20. 21. 22. 23. 24. 25. 26. 27. 28. ,i~ 29. 30. 31. 32. 33. 34. 03473 ,..- \ I \ , ~T.... ~i'- '" ' '-) MINUTES REGULAR CITY COUNCIL MEETING "THURSDAY, SEPTEMBER 9, 1982 7:00 P.M. COUNCIL MEMBERS PRESENT: Mayor Halter, Councilmen Boughton, Nemec, Jones, Ringer, Prause, Runnels COUNCIL MEMBERS ABSENT: None STAFF PRESENT: Asst. City Manager VanDever, Director of Capital Improvements Ash, City Planner Mayo, City Attorney Denton, Deputy City Secretary/Council Coordinator Martin, City Secretary Jones, Administrative Asst. Nowlin, Tax Assessor-Collector Dick~on, Deputy Finance Director Schroeder, Asst. Director of Planning Callaway, Asst. Parks and Recreation Director Czimske,~, Asst. Planner Longley VISITORS PRESENT: See guest regis~er. Mayor Halter signed a proclamation designating September 3-12, 1982 as Drunk Driver Awareness Week. Agenda Item No. 1- Approval of the minutes of the Workshop City Council Meeting, August'25~ '1982'and'the'Regular City"Council Meeting, August 26, 1982. Councilman Boughton moved to approve the minutes as r~ad. Councilman Prause seconded the motion which passed unanimously. Agenda Item No. 2 - Public hearing on the. question of rezoning approximately '16'~ 168" acres' on - the "south side of' Southwest- Parkway , approximately 600." feet '., east. of 'Texas 'Avenue ' from" Single Family Residential ~ District R-l' to" Planned' Comrneri,cal>' District 'C~3' and" Administrative ' Professional District"A~P'. "Application is in the" name. of' Morris F. Hamilton, Jr. [82-133] ~~. Mayor Halter stated that the Council has received a letter requesting that they table this item. He indicated that all cost of notifications or any other fees will be paid for by Mr. Hamilton. Councilman Runnels moved to table this item. Councilman Boughton seconded the motion which passed unanimously._ Agenda Item No. 3- Consideration of an Ordinance rezoning the above tract. This item was also tabled with Item No.2. Agenda Item No. 4 - Public hearing on the question of rezoning 4 tracts of land containing a total of 8.5 acres and'located north of the intersection of Texas' Avenue and' State Highway' 6 Bypass in" an'.. area bounded by Texas 03628 REGULAR CITY COUNCIL MEETING THURSDAY, SEPTEMBER 9, 1982 PAGE 2 (, Avenue, State Hwy. 6 Bypass, and the southern boundary of the Bernadine Estates Subdivision," from" District' C~l General" Commercial"' and" District A-P Administrative Professional--to'District A~p"Administrative Professional. This action has'been-initiated"by the"Planning and-zoning Commission of the City ofCollegeStation~'"(82~132] Asst. Director of Planning Callaway presented the item. He stated that on July I, 1982, the.Planning and Zoning Commission directed the city staff to initiate rezoning of the .area. This area includes four tracts which are currently zoned A-P Administrative Professional and C-l General Commercial. The City Council previously approved the rezoning with the stipulation that the Mayor ~ould not sign the rezoning ordinance until a 25 ft. setback was provided for along the common boundary with the Bernadine Estates Subdivision. The stipulation was upheld. The PZ Commission considered a petition from residents of the Bernadine Estates Subdivision. In the petition, the residents cited oppo'si tionto a proposed commercial developement in that area and requested that the Commission initiate rezoning of this area to a residential classification. The Commission requested land use recommendations for the area and appointed a committee to work with the staff. He indicated that the City Secretary has received a protest in opposition to this action, said protest being signed bv the owner of more than 20%. of the area involved. A favorable vote of three-fourths of all members 0:1: t:.he Council (/ will be necessary for this rezoning. Mayor Halter opened the public hearing. Wade Griffin spoke in favor of the rezoning. He stated that the Council should not base a rezoning decision on a proposed land usage plan and indicated that the residents of Mi:le Drive we-re in favor of this change in zoning. John Hainey, owner of the tract" spoke in opposition to the rezoning. He stated that he hadpurchasedthis' property to develop a business and has completed the site plans for i t'~~hen lhe found out the problem with this tract. He stated that he did not want to build a project on the tract with neighborhood opposition and would be willing to work with the residents in this area. Councilman Nemec asked if having two zones on this tract would cause access problems to each zone. Mr. Hainey stated that the PZ Commission requested that one driveway be allowed into the area and further access be constructed within the project. Dale Stringellow, employed by the Jett Property Management, stated that he represented the prospective buyer of this property. He stated that the buyer has developed a compatible use plan for this area which would not ( .\,\ ~;I 03629 ( ( ( " REGULAR CITY COUNCIL MEETING THURSDAY, SEPTEMBER 9, 1982 PAGE 3 cause problems for area residents. Jack Burke, Real Estate representive from Payless Cashway, Inc. of Kansas City, Mo., presented pictures similar to a proposed plan of construction for this area. He stated that his company will be developing a lumber yard and warehouse facility, and answered questions about the project. Mayor Halter suggested tabling the item and trying to negotiate a compromise with area residents and the owners of this tract. Gail Griffin stated that she objected to noise this business will cause and to the growth of traffic in the area. She also stated that if the owner resells the 'property to another in~ividual, another unfavorable development may occur. ~ Les Palmer stated that he has been working with Mr. Hainey on this project. He stated that the Comprehensive Plan indicates that commercial areas should be located at points where high vehicular access occur, such as this property. After further discussion of Bernadine Estates, Marilyn Davis stated that she felt the residents were not the cause of this problem because when they bought there, the property on both sides was zoned R-I. She explained why she believes that the residents had more to lose than the businesses. Mr. Hainey stated that he would be willing to give the residents on Mile Drive the 25ft. setback required previously for a setback, if doing so would be legally allowed. City Attorney Denton stated that the owners still controlled the 25 feet even though it is a setback anQ could grant the land to the residents. When no one else spoke, Mayor Ha~terlclosed the public hearing. Councilman Ringer asked Director of Capital Improvements Ash what the traffic situation would be if the tract remained a commercial zone. Director of Capital Improvements Ash replied that without seeing a site plan for the area it would be hard to determine. He stated that probably only one access point would be granted along Texas Avenue. Agenda Item No. 5 - Consideration of an Ordinance rezoning the above tract. After discussion by the council, Councilman Runnels moved to approve Ordinance No. 1384. The council has previously allowed a 5-2 vote to be a 3/4ths vote by the council. Councilman Prause seconded the motion which passed by the following vote: 03630 ( { (\ REGULAR CITY COUNCIL MEETING THURSDAY, SEPTEMBER 9, 1982 PAGE 4 FOR: Councilmen Ringer, Boughton, Nemec, Prause, Runnels AGAINST: Mayor Halter, Councilman Jones This action created Ordinance No. 1384. Agenda Item No. 6 - CONSENT AGENDA: BIDS: Consideration of bids for Bee Creek Development. PLATS: Final plat - Division of Kenneth Schick 36.182 acre tract. Councilman Nemec asked that the final plat be removed. The bid passed by common consent. City Planner Mayo presented the item. He stated the site plan has been approved for an apartment project"~or this location. Remaining tracts include a commercial tract and a parkland dedication tract in this area. He stated that the matter of providing access to the tract located behind this property has been discussed. He indicated that as long as the city owns property in this area where access could be built, there should not be a problem approving this plat. Councilman Boughton moved to approve the final plat. Councilman Jones seconded the motion which passed unanimously. City Attorney Denton stated that, after discussing the previously voted Ordinance No. 1384, 3/4% of 7 members is a 5.25 vote required vote or at least 6 votes. The issue would need to be re-discussed by the council if they- felt it was necessary. Councilman Jones stated "that when 1;:.he property was first rezoned, a proposed plan was presented to the"Council and agreed upon by residents and Pz. Since project plans have changed, he suggested. that the new owner refer to the development that ~as pr9Posed previously and build in accordance wi th it. ,^~ i, .. ' Mayor Halter stated that he felt an agreement could be worked out between the owner and the residents of Mile Drive since it has been done before. He would not support an increased density of zoning for this tract. Councilman Ringer asked if the Council could control a site plan on the basis of its usage of development. City Planner Mayo stated that the City Attorney would have to answer the question but he felt this could cause problems if the council voted on a site plan based on what is built there. Councilman Jones asked if an area could be zoned with a conditional use included in the Ordinance. 00631 ( ( c REGULAR CITY COUNCIL MEETING THURSDAY, SEPTEMBER 9, 1982 PAGE 5 City Attorney Denton replied that City Council cannot have a condition in the Ordinance'fora particular use. Also, at the time this tract was rezoned, there were no conditions made for this tract. He indicated that a condition for traffic flow could be made. CouncilrnanRunnelsmoved to reconsider Item No.5. Councilman Ringer seconded the motion which passed unanimously. Jim Jett, .Realtor, asked if a contract could be written stating the use of the property and in the event the buyer does not build on the tract, the tract would revert back to its original zone. Marilyn Davis stated that she had asked this question before and suggested same to the Council and was told it was illegal. John Hainey stated that he fel t he should not have to be restricted in ,this way since he was not involved in the original zoning of this tract in 1979. Councilman Runnels moved to rezone the property A-P and create Ordinance No. 1384 due to the invalidity on the original vote. Councilman Prause seconded the motion which passed as follows: FOR: Councilmen Ringer, Boughton, Nemec, Prause, Jones, Runnels AGAINST: Mayor Halter Agenda Item No.7-Consideration of a proposal to increase budgeted tax revenues and General Fund Contingency. Mayor Halter explained the ite~. He stated that the staff has reported that when the budget was passed, the tax roll had not been certified. After completion of the certif'ie-ation, an additional $52,623.00 in taxes was finalized. The staff reque'sted that this money be included in the General Fund Contigency. Councilman Ringer moved to increase budgeted tax revenues and General Fund Contingency by $52,623.00. Councilman Runnels seconded the motion which passed unanimously. Agenda Item No.8 - Consideration of claim of Ms. Alberta JeFkins. Attorney for Ms. Jerkins, Angela Neville, presented her client's case to the council. She indicated that a portion of Ms. Jer.kin' s property was taken without compensation by the city when the street in front of the property was paved. She requested that the city pay for the property plus interest and damages. 03632 ( ~\ REGULAR CITY COUNCIL ,MEETING THTJIlSDAY,: SEPTEMBER 9," 1982 PAGE 6 Mayor Halter pointed out that the paved street located in front of Ms. Jeil!kin's property was paid for by the city and not assessed to the property owners. He felt paying for the street.. improvements in this area could compensate for Ms. Jerkin's property loss. He stated that street improvements usually increase property assessment. City Attorney Denton stated that Ms. Jerkin's assessed value of the land and interest rate was probably too high in the letter which addressed the council. He stated that damage to a piece of property is not valid after 2 years and~~herefore felt the city should not include any damage costs in a settlement. He suggested the council allow him to determine a calculated settlement cost and present it to Ms. Jer~ins at a later date. If Ms. Jenkins is riot satisfied with the settlement, she may appeal. Councilman Jones stated that he would like for the council to be informed what the settlement figure will be at that time. City Planner Mayo recommended ~hat no parking variances be granted within the designated boundaries of the Northgate area until a committee can 7--- review the area and make final.'recornmendation.The designated boundaries will be University Drive on the south, Wellborn Road on the west, city limits on the north, and College Avenue on the east. City Attorney stated that he felt it was necessary that the policy be valid for a set period of time. Councilman Ringer moved to adopt the policy statement to be valid for a period of 12 months to allow a committee to review the area and problems. Councilman Runnels seconded the motion which passed unanimously. Councilman Prause asked that people who are interested in serving on this cornmitee fill out applications in the council office. The council will · select a committee in two weeks. "- 03633 REGULAR CITY COUNCIL MEETING THURSDAY, SEPTEMBER 9, 1982 PAGE 7 Agenda Item No. 10 - Hear visitors. No one spoke. Agenda Item No. 11 - Adjourn. Mayor Halter adjourned the meeting. APPROVED : (, , \ '- \\ \~ \ i I J ( < S'1 ,,_ \ \).) ) \ ) I I ,) l~' . >.!. \..... \ ) ) ") ) )1 ,""-." ,). / )\, ) " \ ,/, ,\ I >> ATTEST; 's ( \ \ '; / ~ '- ') , / ~)"~ l~' ~ . ... Dian Jones, ~ Secretary ... ./ ,x.~ 03634 ( GUEST REGISTER REGULAR CITY COUNCIL MEErING THURSDAY, SEPTEMBER 9, 1982 7:00 P.M. PLEASE SIGN BELDW: ~\ 1 .,l J . ~(..' ~ , .,~. ~ 4.~~ 5. Pe 3'~ Berr'l Vt{ Qn , ,~~ 6. 7. ( 8. 9. 10. 11. ,.&~ 12. 13. 14. 15. ( 16. 17. 18. 19. 20. 21. 22. 23. 24. 25. 26. 27. 28. 29. 30., 31. 32. 03623 ---.::. ( ( (\ MINUTES , REGULAR CITY COUNCIL MEETING THURSDAY, SEPTEMBER 23, 1982 7:00 P.M. COUNCIL MEMBERS PRESENT: 'Mayor Halter, Councilmen Runnels, Boughton, Nemec, Prause, Ringer COUNCIL MEMBERS ABSENT: Councilman Jones STAFF PRESENT: City Manager Bardell, Asst. City Mgr./ Finance Director VanDever, City Attorney Denton, Deputy CitySecretaryjCounci1 Coordinator Martin, City Secretary Jones, Deputy Finance Director Schroeder, Purchasing Agent Weddle, Parks and Recreation Director Beachy, Asst. P&R Director Czimskey, Parks Planner Mendez, Asst. Cit~ Planner Longley, Director of Capital Improvements Ash, Tax Assessor-Collector Dickson, Administrative Asst. Nowlin, Asst. City Engineer Smith VISITORS PRESENT: See guest register. Agenda Item No. 1 - Approval of the minutes of the Special City Council Meeting, September 1 , - Workshop ,- Ci ty - Council ,- Meeting, September 8, and the Regular CityCounci1'Meeting, September 9, -1982. Councilman Boughton stated that her name instead of Mayor Halter's should be written for approval of the~minutes of the Special Joint Workshop Meeting, September 1, 1982. She also pointed out that the word lIinvertll should be changed to .. revert II ,/ in the minutes 9f September 9th, page 5, paragraph 3. With no other correction, Councilman Boughton moved to approve the minutes with the corrections. ,. Councilman Nemec seconded the rfi6t.ion which passed unanimously. Agenda Item No. 2 - CONSENT AGENDA: BIDS: Consideration of bid for Community Center Landscape Consideration of bids on miscellaneous equipment and vehicles PLATS: Final plat - East Gate Square (Parts of Lots 1 & 2, D.A. Smith Subdivision, near corner of Texas Avenue & Lincoln.) Mayor Halter requested that the bids on miscellaneous equipment and vehicles be removed. All other bids and plats were approved by cornmon consent. Mayor Halter asked questions regarding the bid recommendation for the two backhoes being $5,000.00 more than the low bid. 03544 '''' ( REGULAR CITY COUNCIL MEETING THURSDAY, SEPTEMBER 23, 1982 PAGE 2 Purchasing Agent Weddle explained that the other bids submitted did not meet the recommendations for a fully enclosed steel cab. After further discussion by a representative of Hyco Equipment who stated the John Deer 3l0A backhoe was abetter equipped machine, Councilman Boughton moved to accept the bid recommended by the staff. Councilman RunnelS seconded the motion which passed unanimously. Agenda Item No. 3 - Discussion of Community Cablevision rate increase. City Manager Bardell stated that the City Council has received copies of a Cable TV report that .was completed last year. He indicated that the , franchise with Community Cable1states that due to the competition between the cable services within the city, no provision was included for rate regulation. However, if the City Council should decide to pass an Ordinance regulating the rates, they could do so after a public hearing, was held. ( Don Adams, Community Cablevision, explained their proposed rate increase. He enumerated a number of fa~tos which have increased their cost of operations and necessitated the proposed rate increase. Councilman Runnels asked if the Community Cable had plans to add new channels to their selection. Mr. Adams explained that the ,cable service has to decide on the best shows to program and stated that people do not like changes in TV programs. After further discussion regarding additional service to the community including a public service channel, the Council agreed to table the item until the Special Workshop Meet.ing on September 29. ,~ Agenda Item No. 4 - Consideration of Resolution No. 09-23-82-04 relating to the 1983 Brazos County Central Appraisal District budget. Mayor Halter presented the item. He indicated that the Resolution states that the City of College Station does not agree with the Brazos County Central Appraisal's budget. Councilman Prause moved to approve Resolution No. 9-23-82-04. Councilman Runnels seconded the motion which passed unanimously. Agenda Item No. 5 - Consideration of transfer from Utility Contingency for City Hall Expansion. (. Deputy Finance Director Schroeder presented the item. He stated that the 03645 " REGULAR CITY COUNCIL MEETING THURSDAY, SEPTEMBER 23, 1982 PAGE 3 ( transfer of $274,000.00 includes the additional purchase of a lot that has recently become available, the paving of the parking lots, and the cost of purchasing the original lots. He stated that this would increase the Utility Fund's share to 40 percent of the total project. Councilman Runnels asked if this would cause a rate increase next year in Utilities. Finance Director VanDever stated that this one expenditure would not cause an increase but several expenditures could. The transfer would allow the City to c~!Uplete funding of the project without having to borrow money. Councilman Ringer asked what the remaining balance in the Utility Contingency ,fund would be. e,r Finance Director VanDever replied that it would reduce it to approximately $250,000.00 with $150,000.00 still unappropriated. Councilman Runnels moved to transfer $274,000.00 from the Utility Contingency Fund for the additional cost in the city hall expansion project. Deputy Finance Director Schroeder presented the item. He indicated that an updated status of the Hotel/Motel Tax. Fund indicates an unencumbered balance of $68,152.00. With the current request of $7,500.00 from the B/CS Athletic Federation and $3,00Q.00 for the Easterwood Airport study, the balance wou1d'be reduced to." $30,652.00. This balance would be appropriated in the following manner ,- $14,000.00 to Hotell-Motel Fund Contingency and $16,652.00 to u~encurnbered balance. Councilman Nemec asked if the Chamber of Commerce also would be funding the Athletic Federation. Lane Stephenson, representative of the Federation, replied that the Chamber of Commerce would not be funding actual dollars but will underwrite the Triathlon for publicity and some administrative needs. Make McDermontt, Madera Circle, stated that the Council and the Parks and Recreation Department has done an excellent job in providing recreational facilities ,for the citizens. He stated his concern that supporting this Federation could lead to various other sports organizations requesting funding. (' 03646 ( "", REGULAR CITY COUNCIL MEETING THURSDAY, SEPTEMBER 23, 1982 PAGE 4 Lane Stephenson explained the various types of activities the Federation will have. Councilman Boughton stated that she felt the program was not essential to College Station since the City has very extensive parks and recreational facilities. She felt the City already has a staff to direct recreational events and did not favor hiring an additional director for the federation. will Worley spoke in favor of the Federation. Councilman Runnels stated that he agreed with Councilman Boughton on-the question of a paid director. After further discussion, Councilman Ringer moved approval of the $7,500.00 funding for the Federation. The motion died for lack of second. Councilman Runnels moved to approve $5,000.00 from the Hotel/Motel Tax Fund for the Federation wi th the stipulation that the money would not be used" for the salary of a Director. He included that a year from now, the council should review the Federation's program. Councilman Nemec seconded the motion which passed as follows: ( FOR: Mayor Halter, Councilmen Boughton, Nemec, Prause, Runnels AGAINST: CouncilmanRinger ( Agenda Item No.7 - Consideration of funding for Easterwood Airport from Hotel/Motel Fund. Deputy Finance Director Schroeder p+esented the item. He stated that the City of College Station signed an agreement with the University to allocate $30,000.00 per year for the Eas~er~ood Airport. Mayor Halter stated that there was also to be a Board of members which has been inactive. He also stated that he would like to see a copy of the agreement and a report from the University be presented to the council on the study they have made with these allocations. After further discussion, Councilman Ringer moved to table the item until the City Manager could contact the University on a report. Councilman Runnels seconded the motion which passed unanimously. Agenda Item No. 8 - Consideration of Parks Development Items: MERRY OAKS PARK SITE PLAN Parks Planner Mendez presented the item. He stated that Merry Oaks Park will include natural areas, park trails, play equipment, picnic units, picnic shelter, kiosk, basketball court, signage, area lighting, and O'3G'J7 " ~EGULAR CITY COUNCIL MEETING THURSDAY~ SEPTEMBER 23, 1982 PAGE 5 ( landscape ,developing. The project will be funded with Zone 2 Parkland Dedication Funds. A $40,000.00 budget is available for the park, the additional work for parking improvements at- Brison Park, and playground equipment for Windwood Subdivision. Councilman Runnels moved to approve the recommendations of the staff and to seek bids on the project. Councilman Nemec seconded the motion which passed unanimously. ADOPTION OF RECOMMENDED NAME FOR SOUTHWOOD ATHLETIC PARK SITE Parks and Recreation Director Beachy stated that the Council needed to adopt a formal name for the park. The Parks and Recreation Board recommend the name II Southwood Athletic Park II ~"r After further discussion, Councilman Ringer moved to adopt the name for the 'Southwood Park as IISouthwood Athletic Parkll. Councilman Boughton seconded the motion which passed as follows: Asst. Parks and Recreation Director Czimskeystated he had posted the proposed plans of the park in the Council office the previous week for reviewal. He stated that the parks will include a lighted baseball field, lighted soccer field, flag footbal, lighted tennis courts, 25m swimming pool, basketball courts,picnic sh~~ter, parking,ro~dway, landscape development, signage, maintenance facility. Approximate cost of the project will be $2,000,000.00.' .. Mayor Halter questioned whether the l'ighted soccer field may cause problems for residents. . ~~ l After further discussion, Councilman Ringer moved to approve the site plans of concept 4 for the Southwood Athletic park and allow the staff to seek bids. Councilman Boughton seconded the motion which passed unanimously. RESOLUTION AUTHORIZING GRANT APPLICATION FOR DEVELOPMENT OF- SOUTHWOOD ATHLETIC PARK SITE Parks and Recreation Director Beachy stated that the Resolution authorizes the city to submit an application for state funds for the park. () , 03648 jt (; (/ (\ '" 'REGULAR CITY COUNCIL MEETING THURSDAY, SEPTEMBER 23, 1982 PAGE 6 Councilman Runnels moved to approve Resolution No. 09-23-82-8. Councilman Nemec seconded the motion which passed unanimously. Agenda Item No.9 - Consideration of proposal to increase budgeted revenues in Revenue Sharing~Fund. Deputy Finance Director Schroeder presented the item. He stated that the city has received notification of its Period 14 (October 1, 1983-September 30, 1983) allocation of $604,947.00, which is significantly larger than the original estimated allocation of $381,153.00 on which the FY 82-83 Revenue Sharing budget was based. Because of the changes, the budgeted revenues in the Revenue Sharing Fund need to be revised to $531,690.00, an increase of $181,271.00 and creating a Revenue Sharing Contingency Fund in the amount of $181, 271..00 *"" ~~"f1!# Councilman Ringer moved to increase the Revenue Sharing Fund budgeted revenues to $531,690.00, putting the increased revenue of $181,271.00 into the Revenue Sharing Contingency Fund. Councilman Nemec seconded the motion which passed unanimously. Agenda Item No. 10 - Conside:r:ati.on of funding of Brazos Animal Shel ter from Revenue Sharing Fund Contingency. Mayor Halter presented the item. He stated that the Board of Directors has recently hired a director for ~the Animal Shelter. The building for the shelter is almost completed and most the labor is being donated. Hopefully, by December or January the shelter will be operating. He stated that the council has previously allocated funds for. this project. The money will be used mainly for supp~~es and materials. . Councilman Boughton moved to allocate $7,500.00 from 'the Revenue Sharing Contingency Fund for the Anima~ Shelter. ,.h{~ ~ Councilman Ringer seconded the motion which passed unanimously. Agenda Item No. 11 - Hear visitors. No one spoke. Agenda Item No. 12 - Closed session to discuss land acquisitions [6252-l7(f)] and personnel (6252-17(g)J. The council moved to closed session and later reopened to the public. Agenda Item No. 13 - Action on closed sesion. Councilman Runnels moved to authorize the staff to prepare, a bid package 03~49 j () ( (\ "" REGULAR CITY COUNCIL MEETING THURSDAY, SEPTEMBER 23, 1982 PAGE 7 and advertise for sale and/or lease of up to 1,000 acres of land in the Thomas Caruthers League which is the location of the Industrial Development site. Councilman Ringer seconded the motion which passed unanimously. Councilman Prause moved to approve the additional position of Computer Programmer. No additional funding is needed for the position at this time. Councilman Boughton seconded the motion which passed unanimously. Councilman Ringer moved to appoint Ernest Camp, Dan McGilvray, violetta Cooke, Andy Leverette, and John Rainey to the Northgate Study Committee. Also, an individual from the churches in that area will be added ,as well as a member of the University student body. Councilman Boughton will serve as liaison to this committee. Councilman Nemec seconded the motion which passed unanimously. Councilman Ringer moved to accept the resignation of Mary Kay Donahue from the Community Appearance committee and nominate Phillip Springer to serve the remaining length of her term which expires April 1984. Councilman Nemec seconded the motion which passed unanimously. Councilman Ringer moved to authorize the city staff to negotiate for an additional lot that has become available for the expansion of city hall parking. .,p Councilman Runnels seconded the motion which passed unanimously. Agenda Item No. 14 - Adjourn. Mayor Halter adjourned the meeting. ,jI..~, APPROVED: ,f \)) \ 11. ~ l~" I) \ \ ,) \ 1 , · , 'I I ) \ \., I ., ..... \ CB~.~ Bob Runnels, Mayor Pro-tern ( \ 'ATTEST':' ) 03650 (, (; <- GUEST REGISTER REGULAR CITY COUNCIL MEETING THURSDAY ,SEPTEMBER 23, 1982 7:00 P.M. PLEASE SIGN BEIDW: 1. ~~~ 2. ~~ 3. LJ ~Ae-cA M 4. &11 _5~rrf-ctrC0{ II' 5. 9. 10. 11. 12. r- . ' 13. J~ N\~ \--{ 14. i ~ / 15. /f1 ~~ ~~wf/' 16. W~ 17. r~ ~ cY~vhy 18. 19. 23. 24. 25. ,/ 26. 27. ~ 28. 29. 30. 31. 32. 03651 MINUTES Regular City Council Meeting June 8, 1978 7:00 P.M. MEMBERS PRESENT: Mayor Bravenec; Cl\uncilmen Ringer, Halter, Hazen; Adams, Boughton, Dozier; Student Liaison DuBois; City Manager B~rdell; City Engineer Ash; City Planner Mayo; Comffiuni~y Development Planner Callaway; Graduate Design Engineer Fees; Building Official Koehler; Interim Director of Parks and Recreation Czimskey; City Attorney Lewis MEMBERS ABSENT: None VISITORS PRESENT: See guest register /.:.genda Item No. 1 Approval of minutes of previous meetings. Mayor Bravenec indicated that the following corrections be made in the minutes of May 24, 1978: Councilman Adams was absent. Agenda Item No. 4 -- the wording be changed to read: "Councilman Dozier moved that the staff reserach and review the tapes". Mayor Bravenec indicated that the following corrections be made in the minutes of May 25, 1978: Agenda Item No. 6 correction in the spelling of precedents. Agenda Item No. 7 strike out the sentence, "Mayor Bravenec commented that after five years there will be no more bond indebtedness and more savings will be passed to the customers at that time." This is incorrect as there will still be bond indebtedness at that time, but because two reserves will ;-_") have been accumulated to repay the bonds relating to the Gulf States ~.."...-* connections, electric notes at that time will no longer have to reflect such a large bond amortization factor. Agenda Item No. 10 -- Distribution of funds from community development were reversed. The revision of goals actually reflected 65% for home owners and 35% for rentals. Councilman Halter moved that the minutes be accepted as revised. Councilman Boughton seconded the motion. The motion passed unanimously. Agenda Item No.2 -- Hear, visitors. Richard Griffin, 1201 Cuadi11, asked about the Holik tract park. Mayor Bravenec indicated that this would be on the agenda of the next Council meeting. Councilman Ringer said that the Parks & Recreation Committee planned to discuss this at their Tuesday meeting. 02;48.2 MINUTES, Regular City Council Meeting June 8, 1978 7:00 P.M. Page 2 Agenda Item No. 3 -- A public hearing on the question of rezoning 2 tracts of land totaling 8.61 ac~eslocatedapproximately 200 feet south of Mile Drive and bounded by Texas Avenue and the East Bypass from Single Family Residential District R-l to Townhouse Rowhouse District R-3 and General Commercial District C-l. The application is in the name of the Cruse Corpora- tion. City Planner Mayo gave background information on the 8.61 acres under consideratiol Councilman Adams made a motion that the matter be tabled until the developer could meet with the residents affected by the rezoning. Councilman Halter pointed out that the motion was out of order since a public hearing had been called. Mayor Bravenec said the public hearing had not yet been opened. Councilman Halter seconded the motion made by Councilman Adams. Councilman Dozier suggested that the public hearing be opened since representa- tives from the developers and the residents were present. Councilman Adams withdrew his motion. Councilman Halter withdrew his second. Mayor Bravenec opened the public hearing. Ron Cruse, of the Cruse Corporation, spoke in favor of the rezoning ordinance. He commented that, from the lenders'and planners' standpoint, the tract of land is unsuitable for residential development. He indicated that the town- houses would act as a buffer zone between the residential and the commercial district. Al Boreman, 113 Mile Drive, spoke against the rezoning. He commented that the 100 feet was inadequate to keep up the valuation of his and his neighbors' property. Mayor Bravenec declared the public hearing closed. v1i~nda Item No. 4 -- Consideration of an ordinance rezoning the above tract. Councilman Halter seconded the motion. Agenda Item No. 5 -- Discussion of street tree plan. Mike Murphy, Associate Professor at Texas A&M University, spoke on the street tree plan. He indicated that the plan was a guideline. If the city approved and wanted to pursue the plan, then the Texas Highway Department would decide if they could do it on highway right-of-way. 02483 MINUTES, Regular City Council Meeting June 8, 1978 7:00 P.M. Page 3 Councilman Halter moved that the plan be accepted and that the Council give a vote of approval to Mr. Murphy and his students. Councilman Dozier seconded the motion. The motion passed unanimously. Agenda Item No. 6 -- Consideration of State Department of Highways and Public Transportation Minute Order No. 74451 concerning extertsiortofF~M. 60 East to F.M. 158. Councilman Dozier moved that Mayor Bravenec be authorized to sign an agreement with the State Department of Highways and Public Transportation for the extension of F. M. 60 East to F. M. 158. Councilman~lter seconded the motion. The motion passed by the following vote: FOR: Mayor Bravenec; Councilmen Boughton, Dozier, Halter, Adams. AGAINST: Councilmen Ringer, Hazen Agenda Item No. 7 -- Discussion of proposed agreement with Texas A & M University. Councilman Dozier moved that the Mayor be authorized to execute the contract with Texas A & M University; subject to the rewording and additions discussed. Councilman Halter seconded the motion. Mayor Bravenec and City Attorney Lewis will work on the suggestions for ,re- vision, using correct terminology. The motion passed unanimously. Agenda Item No.8 -- Consideration of building permits at 802 and 808 Aberdeen Street. William Koehler, Building Inspector, presented background information ra1s1ng a question of the projects conformity with single family zoning in the area. He indicated that there was substantial conflict,~'.as it seemed to be a part of a large scale development. William B. Lancaster, 303 Dexter, took exception to the non-conforming use terminology. He said he did not run a boarding house and had brought his rental units into compliance with city regulations. He indicated that the student renters had formed cooperatives. Dwayne Cote, 304 Dexter, presented a petition with some 75 signatures of neighborhood residents asking the Council to deny the permits. Rodney Hill, 119 Lee Avenue S., spoke in opposition to the building permits. Jerry Cooper, 602 Bell, spoke in favor of the building permits, urging Council to grant Mr. Lancaster's request. Percy Mirns, 501 Dexter, spoke in opposition of the building permits being 02484 MINUTES, Regular City Council Meeting June 8, 1978 7:00,P.M. Page 4 granted. He urged the Council to look at the entirety of Lancaster Place and see it as a business operation. Mark Fields, Texas A&M University student, spoke in support of the issuance of the permits. Mike Sizemore spoke in support of the building permits being granted. John Otts, IIighway 6 South, owner of property on Lee and Dexter Streets, spoke in support of the issuance of the permits. Mrs. E. B. Reynolds, 200 Pershing, spoke in favor of the permits. She also questioned building permit intentions at 203 Suffolk. Councilman Hazen moved that the permits be issued, and that City Attorney Lewis and Building Official Koehler look at the Lancaster operation to see if there is a violation of single family zoning. She asked for a report on this matter. Councilman Boughton seconded the motion. The motion passed unanimously. Mayor Bravenec called a short intermission. Councilman Halter reconvened the session. Agenda Item No. 9 Consideration of a preliminary plat - Sunrise Place located north of and adjacent to F.M. 2818 and approximately'lOOOfeet west of Southwood Drive. City Planner Mayo explained and comment on the Sunrise Place preliminary plat. He indicated that the primary objection of the Planning and Zoning Commission and residents were the flood plain. However, Planning and Zoning recommended approval of the preliminary plat, as it was in compliance with the ordinance regulations. Councilman Dozier moved that the Council accept the preliminary plat with the recommendation of the Planning and Zoning Commission. Councilman Ringer seconded the motion. The motion passed by the following vote: FOR: Councilman Dozier, Ringer, Boughton, Adams AGAINST: ~1ayor Bravenec; Councilmen Halter, Hazen Agenda Item No. 10 -- Consideration of a final plat - Parkway Plaza Phase 6 located at the intersection of Texas Avenue and Sbuthwest'Parkway. Mayor Bravenec and Councilmen Halter and Hazen asked for consideration of the plat. Councilman Dozier moved that the final plat of Parkway Plaz~ Phase 6 be accepted~ Councilman Hazen seconded the motion. The motion passed unanimouslyo 02485 MINUTES, Regular City Council Meeting June 8, 1978 7:00 P.M. Page 5 Agenda Item No. 11 -- Consideration of a revised preliminary plat - Quail "Rtiri'Estates 16catedin the Extraterritorial Jurisdiction off Dowling Road. Mayor Bravenec and Councilmen Halter and Hazen asked for consideration of this plat. After a short discussion involving possible utilities service and possible annexation, Councilman Halter moved that the preliminary plat be accepted. Councilman Boughton seconded the motion. The motion passed unanimously. Councilman Dozier requested that staff develop a recommendation on an Extension Ordinance, tha t would remedy r.ooming house problems. City Manager Bardell indicated that Staff would need at least two weeks for this. Agenda Item No. 12 -- Other BtlSiness. Councilman Adams questioned the issue of vendors selling wares along the right-of-way of Texas Avenue. City Manager Bardell indicated that they were not actually on public property to his knowledge, but he would check into it. He further indicated that some vendors had agricultural exemptions and did not need permitso Agenda Item No. 13 -- Closed Session to consider land acquisition, pending litigation and personnel. Mayor Bravenec called the council into closed session. The Council reconvened for action on closed session items. Councilman Dozier moved that City Attorney Lewis check into allegations of transformer malfunction causing damage to Kentucky Fried Chicken store on 110 Dominik Drive and see if the business had made recent equipment purchases that might cause an overload on their circuits. Councilman Halter seconded the motion. The motion passed unanimously. Agenda Item Noo 14 -- Adjourn. Mayor Bravenec declared the meeting adjou~~ed. I:::: C<K~~~ L- }1ayor ATTEST ~f~~= fear 02486